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(영문) 전주지방법원 남원지원 2018.12.18 2018고단167

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates an Obane sales and repair shop with the trade name of “C” from South Won-si.

1. Around October 25, 2017, the Defendant entered into a trade consignment agreement with the victim D to sell KRW 19 million to the victim D and the victim in the above C office, and received the above Obacon from the victim.

On November 23, 2017, the Defendant sold the above Oral Ba to F, and received KRW 18.5 million from F, and embezzled the above sales proceeds for the victim. At that time, the Defendant used the above sales proceeds at will for personal debt repayment.

2. On November 15, 2017, the Defendant entered into a sales consignment contract with the victim G to sell KRW 15 million to the victim G and the victim’s ownership within the said C office, and received the above Obane from the victim.

On the same day, the Defendant sold the above Obaba to a person who is not in the operation of I’s “I” located in the public city, and received the payment of KRW 14 million, and embezzled the above sales proceeds for the victim, using it at will for personal debt repayment around that time.

3. On December 11, 2017, the Defendant entered into a trade consignment contract with the victim J and the victim J (K) to sell KRW 16 million within the said C Office, and received the said Obama from the victim.

On the same day, the Defendant sold the above Obaba to L with KRW 16 million, and received KRW 13 million from L, and embezzled the above sales proceeds for the victim, and then used them at will for personal debt repayment around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement (including the part concerningG and D's statement) against the accused;

1. Each police statement concerning G, D, J, and M;

1. A complaint;